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201000153 shall become the owner of the Trust Estate or shall specifically undertake such liability in writing. 8. Tenant shall deliver to Lender and Landlord an unaudited balance sheet, profit and loss statement and statement of cash flows within forty-five (45) days after the end of each of the first three fiscal quarters of Tenant's fiscal year, and a balance sheet, profit and loss statement and statement of cash flows including all relevant footnotes for the preceding fiscal year, audited by independent public accountants, within ninety (90) days after the end of each fiscal year. 9. The individual executing this Agreement on behalf of Tenant is duly authorized to execute and deliver this Agreement on behalf of Tenant, and that this Agreement is binding upon Tenant in accordance with its terms. 10. Any notice, demand, statement, request or consent made hereunder shall be effective and valid only if in writing, referring to this Agreement, signed by the party giving such notice, and delivered either personally to such other party, or sent by nationally recognized overnight courier delivery service or by certified mail of the United States Postal Service, postage prepaid, return receipt requested, addressed to the other party at its address in the first paragraph of this Agreement (or to such other address or person as either party or person entitled to notice may by notice to the other party specify). Unless otherwise specified, notices shall be deemed given. as follows: (i) if delivered personally, when. delivered, (ii) if delivered by nationally recognized overnight courier delivery service, on the day following the business day such material is sent, or (iii) if sent by certified mail, three (3) business days after such notice has been sent. 11. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages. 12. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to be enforceable, or if such modification is not practicable, such provision shall be deemed deleted from this Agreement, and the other provisions of this Agreement shall remain in full force and effect. 13. Neither this Agreement nor any of the terms hereof may be terminated, amended, supplemented, waived or modified orally, but only by an instrument in writing executed by the party against which enforcement of the termination, amendment, supplement, waiver or modification is sought. 14. This Agreement shall be construed in accordance with the laws of the State where the Trust Estate is located. 15447663.2. BUSINESS4